Karnataka High Court Refuses To Stay Circular Barring Attendants Inside Ultrasound Rooms In Husband's Plea To Accompany Pregnant Wife

The Karnataka High Court on Friday (January 30) refused to grant interim relief to a husband seeking stay of a 2024 state government circular prohibiting entry of attendants, including spouse, inside ultrasound scan rooms urging that he be permitted to accompany his pregnant wife. 

While the court did not grant interim relief at this stage, it however told the petitioner to pursue the cause.

Justice BM Shyam Prasad was hearing a plea by a married couple who were aggrieved by a State circular dated 18-3-2024 prohibiting entry of any attendants including the spouse, in the room where ultrasound of a pregnant woman is to take place, to watch the procedure. In the interim the petition sought a stay of the Circular.

The petitioner no. 2 husband, an advocate and the father to be, submitted that the court must, in recognition of the petitioner no. 1, i.e. his wife's reproductive right and lack of jurisdiction with the state government to issue the circular, consider permitting the husband to be present with his wife when she undergoes ultra sound procedure. 

The husband argued that neither he nor his wife, was required to file a declaration under form G of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, are keen on knowing the sex of child to be born. 

The court said that it is persuaded to accept the statement made by the petitioners, and the husband being a member of the bar. It thereafter said:

"...but at this stage when the State is to be heard on its jurisdiction to issue a Circular to bar presence of attendants including a spouse, this court must consider whether it would be expedient even when there is an affirmation to this court's satisfaction that presence is not to ascertain sex of the child to be born, to permit petitioner no. 2 to be present.  If the present case is one, there could be other where this court will have to at an interim stage, decide on whether the mother to be would be under any duress, even inadvertently, by others because of the sex of the child to be born on the balance, this court is of the view that unless there is a comprehensive consideration, exception cannot be made."

The court said that liberty is reserved with the petitioners to pursue the cause. 

"The request for interim order is not admitted at this stage," the court said. 

It thereafter orally said that it has taken a view, however it asked the petitioner to "pursue the cause". 

The petitioners had challenged a March 18, 2024 circular stated to be issued by the authority, department of Health and Family Welfare Services of the state government, in so far as it imposed a "complete restriction" on the entry of attendants inside the ultrasound scan rooms, in hospitals/centres registered under the Preconception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, in a bid to curb illegal sex determination.

It sought a direction to declare that the Circular is unconstitutional, arbitrary, ultra-vires and violates Articles 14 and 21 of the Constitution. It further sought a direction to permit the husband to accompany his wife during her ultrasound examinations subject to reasonable safeguards mandated by law. 

The matter is listed on February 24.

Case title: X and Another v.s State of Karnataka 

 WP 34203/2025